Woman sued for smoking in her apartment

[Chevillac 5,000+ posts]

http://abcnews.go.com/2020/Stossel/story?id=4589592&page=1

Do you smoke? Well, you better be careful where. I don't smoke, and I don't like the smell, but what some people are doing to smokers makes me say give me a break.

For the last 12 years, Galila Huff has owned Caffé la Fenicé, a restaurant serving Italian food on the Upper West Side of New York City.

Smoking there is forbidden. New York state bans it in all restaurants and bars.

Huff's apartment is a few blocks away at The Ansonia, an ornate turn-of-the-century building that both Babe Ruth and Arturo Toscanini once called home.

Huff lives there alone except for her Chihuahua, and her cigarettes. For 40 years, she's smoked a pack or two a day.

But then in October, she got a letter from her neighbors. It said, "Dear Resident, immediately cease smoking in your apartment, unless and until you take adequate steps to properly ventilate your smoke out of your apartment such that none enters the common hallway."

Huff couldn't believe it. First she can't smoke in her own restaurant, now she can't smoke in her own apartment?

"I mean the cigarettes smell, yeah. But I'm not puffing into their faces," she said.

The complainants -- Jonathan and Jenny Selbin -- wouldn't agree to a television interview, but they did file a lawsuit against Huff, saying she is "willfully, intentionally, recklessly and/or negligently endangering the health of plaintiffs and their 4-year-old son. … As evidenced by her refusal to address the grave danger posed to the health of a small child, despite repeated requests and warnings, defendant's conduct is actuated by evil and/or reprehensible motives."

Huff's dog didn't escape mention in the lawsuit either. The lawsuit continued, "Such motives are also evidenced by the fact that after plaintiffs complained about the smoke, defendant encouraged her dog to urinate on plaintiffs' property and in front of their doorway."

When asked whether it's true that her dog urinated on her neighbor's property, Huff said, "I never saw that, but maybe. I don't know." The dog had no comment.

Legal System 'a Tool for Bullying'?

Huff took steps to insulate her apartment. The apartment building did construction work, sealed off air ducts and made sure no smoke could get from her apartment to the Selbins', but now the neighbors were complaining about smoke in the hallway.

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[designcode]

Smoking kills, she should be sued. jk I just hate smoke around me.

 

[bonesninja 5,000+ posts]

shitstorm

 

[slick rick 10+ year member]

I like it...way to garner up attorney's fees for nothing. Free advertising for the lawyers on such a small case...they should be happy.

 

[Sandy Ravage]

**** the neighbors

 

[mazzasec 5,000+ posts]

smoking is such a waste of money for all you smokers think how much better your setup could be if you didnt smoke! lets say average 3.50 a pack thats less but times that by each pack then time it by each month! **** bye bye money!

 

[mjf 10+ year member]

thats ****ing insane.

people need to calm the **** down with the lawsuit bullshit

 

[Scoobydoo 5,000+ posts]

good for them, if i shared a common hallway and it smelled like smoke i would do the same thing

 

[Sandy Ravage]

good for them, if i shared a common hallway and it smelled like smoke i would do the same thing

well the landlord and the lady sealed off the apartment, and their still ****ing complaining. i would pop a cap in their ***.

 

[GLN305 10+ year member]

I don't agree with the lawsuit, but anything that puts a negative image towards smoking is good in my book. I really hate second hand smoke, cigarette trash and the stench of ashtrays.

 

[Scoobydoo 5,000+ posts]

well the landlord and the lady sealed off the apartment, and their still ****ing complaining. i would pop a cap in their ***.

if they can smell it at all they should complain, maybe she should rent or buy a house if she cant kick her nasty habit

 

[jer_stud56 10+ year member]

wowwwwww. I don't smoke, but I'm on the smoker's side. Lol some people just want money...that's ridiculous. It's her ****ing body, and it's not like she's smoking outside IN the hallway or in front of her neighbors door...maybe she should open a window???

 

[jdawg90 10+ year member]

and it said the neigbor that was complaining was 50 feet down the hall....

 

[Chevillac 5,000+ posts]

and it said the neigbor that was complaining was 50 feet down the hall....

basically looking to **** with somebody cuz they can. Sue happy pieces of shit.

if they can smell it at all they should complain, maybe she should rent or buy a house if she cant kick her nasty habit

Maybe that family should move out instead, since they dont wanna deal with other people in an apartment building.

 

[fbi90909 5,000+ posts]

the Dog had no comment. LOL